The legal framework governing air transport has undergone one of its most dramatic changes due to the COVID-19 pandemic, revealing opportunities for global improvements in the protection of air transport users whose flights are delayed or canceled due to circumstances beyond the airline’s control. Through various regulations, the most expansive oversight since these aspects of aviation were “deregulated” in 1978 has been achieved.
In the United States of America, the U.S. Department of Transportation (DOT) has created a system to ensure that the traveling public has easy access to information about the services provided by U.S. airlines to mitigate passenger inconveniences when a cancellation or delay is caused by factors within the airline’s control. A green checkmark on the dashboard signifies that an airline has committed to providing that service or amenity to its customers. A red “X” indicates that the airline has not committed to it. However, airlines marked with a red “X” may still provide these services and amenities at their discretion in some cases.
In Canada, the Air Passenger Protection Regulations have been amended to require carriers to provide passengers affected by flight cancellations or prolonged delays due to circumstances beyond the carrier’s control with a confirmed reservation on the next available flight operated by them or an affiliated carrier, departing within 48 hours of the departure time indicated on the passenger’s original ticket. If the carrier cannot provide a confirmed reservation within this 48‑hour period, it must offer, at the passenger’s choice, either a refund or alternative travel arrangements (https://gazette.gc.ca/rp-pr/p2/2022/2022-06-22/html/sor-dors134-eng.html).
Dominican Republic
The Dominican Republic has a resolution dating from 1986 that “guarantees” protection for air transport users (link not available). In that sense, it is meant to reflect our commitment as a state—and also how far our national regulatory framework is from the global regulatory standards—in a sector that requires regulations adapted to its dynamic pace. In 2021—under my direction—the scope of the Air Transport Facilitation Processes was drastically modified. These processes had managed to emulate the service platform created by the U.S. Department of Transportation (DOT), thereby providing the necessary tools to assist air transport users with potential improvements in the implementation of both national and international regulations by the carrier. However, despite the significant achievements of this process, its scope has been reduced: it is no longer possible to assist the air transport user through sector experts, no recommendations are made to airline operators when warranted, and similarly, verification recommendations regarding the duties of air transport users (when required) are no longer generated. Instead, users are exclusively advised to seek direct assistance from the carrier.
In a competitive market, the industry—i.e., market growth—can only be developed through the incorporation into national laws of the international regulations that govern the sector. This would encompass a process of legal support that guarantees a service-oriented approach (providing information to the traveling public, an updated user protection regime, processes that ensure compliance with the international regulatory framework, among other measures), the determination of effective routes, and the setting of prices based on demand—without undermining the performance management of both national and international airlines.
The Airline Deregulation Act that occurred in the United States in 1978 marked an important turning point for commercial air transport, and since then, this type of relaxation, elimination, or economic regulation of airline markets has spread to most regions of the world. However, the market’s economic flexibility does not eliminate the State’s regulatory responsibilities.
N.A. “In a rule-of-law state, all citizens are equal before the law—that is, no citizen is above the law—even if he is a ‘friend’ of the President.”
